臺灣校園修復式正義教育政策之研究

Educational Policy with Regard to Promoting Restorative Justice on Taiwanese Campuses

修復式正義在臺灣的司法及犯罪防制領域業已推行十餘年，為呼應司法改革之建議，近期亦向臺灣校園推展，以作為一種解決校園衝突、預防與降低犯罪的策略。本文旨在針對修復式正義相關之教育政策進行梳理，歸結出目前實施概況，並提出修改建議。作法包含：（一）將修復式正義納入現行學生事務與輔導工作計畫逐年推廣實施；（二）強化各教育階段之宣導與增能；（三）成立專業機構或中心協助資源建構與推廣；（四）著重課程與教材教案研發並嘗試實施。目前的困境包括：（一）懲罰觀念難改及難接受修復觀念；（二）對實施校園修復式正義的質疑；（三）修復式正義難融入現行作法之中；（四）實施修復式正義時未意識到權力不均等的問題；（五）缺乏預防衝突發生的機制。據此，本文依文獻提出相關建議，以促進修復式正義在校園中的落實：（一）建立修復調解的價值與觀念；（二）化解教職員質疑並辦理實務工作坊以強化信念及演練；（三）推動修復式正義的作法可考量學校需求並保持彈性；（四）選擇合適促進者並維護話語權的均等；（五）融入社會與情緒學習以作為修復式正義的初級預防機制。

Restorative justice has been implemented for justice and criminal prevention in Taiwan for over a decade. In response to judicial reform, restorative justice has recently been promoted on campuses in Taiwan as a strategy to resolve conflicts and prevent and reduce crimes. This article aims to review the related educational policies of restorative justice, summarize the current practices and challenges of its implementation on campuses, and provide suggestions for modifications. The proposed practices include: (1) gradually promoting the implementation of restorative justice in the existing student affairs and counseling programs; (2) strengthening advocacy and capacity-building at various educational stages; (3) establishing professional institutions or centers to assist in resource integration and promotion; (4) emphasizing the development and implementation of curriculum, teaching materials, and lesson plans. The current challenges include (1) that educators are still accustomed to punishment and hardly embrace the concepts of restorative justice; (2) that the effect of restorative justice implemented on campuses is still doubted; (3) that restorative justice is difficult to be integrated into existing practices to address conflicts; (4) that the potential problem of power imbalance is not fully recognized as implementing restorative justice; (5) that the mechanism to prevent conflict from happening is still lacking. Accordingly, this article proposes some suggestions for its refinement, including (1) establishing the values and concepts of restorative mediation; (2) addressing doubts among faculty and staff through practical workshops to strengthen their beliefs and implementation; (3) considering school needs and maintaining flexibility in promoting restorative justice practices; (4) selecting appropriate facilitators of restorative justice and ensuring equality of discourse of participants during the practice; (5) integrating social and emotional learning as a primary preventive mechanism for restorative justice.